In New York State, if an adult 21 years or older has a blood alcohol content (BAC) level of 0.08% or higher, they can be charged with a DWI. However, if a police officer suspects an underage child is drunk driving, the limit is much lower. Due to New York’s Zero Tolerance Law, a BAC level higher than 0.02% can result in a violation if the driver is 20 years old or younger.

What Is a Zero Tolerance Violation?

While it’s not a criminal offense, a zero tolerance violation can significantly impact your child’s life. At minimum, they’ll face a civil penalty of $125 and have their license suspended for six months. Additionally, it will cost $100 to have their license reinstated. A zero tolerance violation will stay on their record for three years or until they turn 21—whichever takes longer. 

If your child has had more than one violation, their license can be suspended for a year or longer.

If your child had a BAC level of 0.05% or higher, they could also be charged with a DWAI or DWI. These are more serious charges, and are presented in the criminal court, sometimes resulting in jail time, additional fines, and license revocations.

Can You Fight a Zero Tolerance Violation? 

Yes. Zero tolerance violations are presented during administrative hearings at the Department of Motor Vehicles (DMV). Since they will not appear at a criminal hearing, your child may not be entitled to a public defender, but they can hire an attorney (or you can hire one on their behalf). 

As with other hearings, the police carry the burden of proving the case. For the charge to stick, the police must prove: 

1. The person present during the hearing was driving the vehicle. 

2. The traffic stop was lawful. 

3. The police requested a chemical test according to protocol.

4. The individual was under 21 at the time they were stopped.

5. The chemical test was properly conducted.

6. The results of the test showed a BAC level above 0.02%.

Both sides will have opportunities to present evidence during the hearing. 

The Silver Lining

If this is your child’s first alcohol-related conviction, they might qualify for a conditional license, which they can use to drive to school and work.

While this might seem like a small mercy, this opportunity can make it easier for your child to return to normalcy. After three years or when they turn 21, the charge will be removed from their record. 

If your child has been charged with a zero tolerance violation or DWI, turn to the attorneys at Fiandach & Fiandach. The lawyers at this firm have defended their clients’ rights in Rochester, NY, since 1979. Visit their website to learn more about their experience or call (585) 244-8910 to set up a consultation.